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14 March 2008
Issue: 7321 / Categories: Case law , Law digest
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SENTENCING

Richards v National Probation Service [2007] All ER (D) 454 (Nov)

The offender was subject to a suspended sentence order (under CJA 2003, s 189) which imposed an obligation to undertake unpaid work. The conditions included a requirement to provide documentary evidence explaining any failure to perform unpaid work.

HELD In the context of community punishments, a responsible officer is entitled to set conditions that require the offender to inform the officer in advance if he knows he cannot keep an appointment to do unpaid work. This falls within the words “keep in touch” in CJA 2003, s 220(1)(a).

The officer may require that information to be in writing and to be supported by evidence from a third party. It is permissible for the conditions to provide that the officer may relax that requirement in the circumstances of a given case, so that the information is to be provided within a short period thereafter.

However, s 220 cannot be read as enabling the responsible officer to request the information ex post facto unless the request is to provide

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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